Evidence: but how much is relevant?
Will the Board of Appeal take the hint, stick this vast bundle in the recycling bin and focus on the key issue, are the two marks similar?
here (thanks, Antonio Selas, for the link). For those of you who can't wait to read it, here's the plot-spoiler:
"The revised and expanded sixth edition of Case Law of the Boards of Appeal of the European Patent Office was published in August 2010. The book takes account of decisions available in writing at the end of December 2009, plus a number of important ones from the first two months of 2010. Its individual chapters have also been comprehensively updated in the light of the EPC 2000 revision. It will be an invaluable source of information for anyone concerned with European patent law -- as will the annual supplements published as special editions of the EPO Official Journal".
MARQUES Class 46 members might have spotted. "The Community trade mark in German Practice – Debate with the Judges of the German Trade Mark" is the appetising title of an imaginative event which MARQUES is holding in collaboration with the Markenverband and the German Patents and Trade Mark Office. The event takes place in Munich, Germany, on 3 December. Hot topics include distinctiveness, risk of confusion and association; the value of well-known marks; preliminary measures; cross-border injunctions and parallel imports and recovery of damages. The proceedings will be in German but, if there is sufficient demand, simultaneous translation will be provided, sparing no expense. Click here for further details and online registration.
Now for three cracking leads, each from the much-appreciated IPKat reader Chris Torrero.
here). The report seeks to demonstrate how the continued misuse of copyright claims under the Digital Millennium Copyright Act threatens to stifle online political speech. The report examines a dozen cases in which meritless copyright claims managed to have some kind of online political campaign ad removed from services like YouTube. The report chronicles takedown demands from some well-known and respected US media organizations, aimed against ads for candidates from both major parties: "Although similarly overaggressive copyright claims have been made directly to campaigns in the past in the form of cease-and-desist letters, under current copyright law the online takedown process almost always results in immediate removal of the ad, no questions asked. Campaigns often do not have adequate opportunity to refute any allegations before their ads disappear".
CORDIS website. Apart from the usual stuff about the need for a European Union patent, there came news that the European Commission has released its plans for the creation of an 'Innovation Union', part of a wider Europe 2020 strategy, earlier this month. Ministers broadly welcomed the European Commission's approach, underlining the importance of placing innovation 'at the core of the EU's internal market for boosting competitiveness'. Innovation, remarks the IPKat, is presumably nothing to do with the pharmaceutical industry, since it is inconceivable that anything in that sector will displace competitiveness from the core of the EU's internal market.